Topic:
JUVENILES; FELONIES; SENTENCING; SEX CRIMES;
Location:
SEX OFFENDERS;

OLR Research Report


October 11, 2005

 

2005-R-0730

SENTENCES FOR SEXUAL ASSAULT OF TEENAGER

By: Ryan O'Neil, Research Assistant

You asked what the mandatory minimum sentence is for someone convicted of sexually assaulting a child who is between 13- and 18-years old. You also wanted to know if the judge has the discretion to increase the penalty.

SUMMARY

The mandatory minimum sentence for sexual assault against a child between 13- and 18-years old ranges from 20 years to no minimum at all, depending on the nature of the crime and the victim's age.

The law permits judges to impose a lengthier sentence up to the maximum the law allows for the offense the defendant is convicted of or pleads guilty to.

Sexual assault offenses relating specifically to children between 13- and 18-years old are listed below in Table 1 in descending order of length of mandatory minimum sentence.

Table 2 lists those sexual assault offenses against children that contain no mandatory minimum sentence.

Table 3 specifies the prison sentence range and fines the law authorizes judges to impose depending on the classification of the crime (e.g., Class A felony, Class B felony, Class C felony, etc.). Judges must specify the exact period of incarceration and exact amount of a fine up to the limits set by statute and specified in the table.

Some crimes have a mandatory minimum sentence or a minimum sentence higher than the minimum term specified in the table. Repeated offenses may result in a higher maximum than specified here.

State law does not allow judges to sentence a criminal to a sentence that is less than the mandatory minimum, but does allow for sentences that are longer.

Table 1: Sexual Assault Offenses with a Teenaged-Victim

Offense

Statute

Classification

Definition

Mandatory Minimum Sentence Included in Cited Statute

Aggravated Sexual Assault in the 1st Degree

53a-70a (1)

Class A felony

Using or threatening to use a deadly weapon to coerce someone to engage in intercourse and the victim is under 16 years old

20 years

Aggravated Sexual Assault in the 1st Degree

53a-70a (a) (2)

Class A felony

Intentionally disfiguring the victim seriously and permanently or destroying, amputating, or permanently disabling an organ while compelling someone a person to engage in intercourse and the victim is under 16 years old

20 years

Aggravated Sexual Assault in the 1st Degree

53a-70a (a) (3)

Class A felony

While compelling someone a person to engage in intercourse the offender, under circumstances showing an extreme indifference to human life, recklessly engages in conduct which creates a risk of death to the victim, and thereby causes serious physical injury to the victim and the victim is under 16 years old

20 years

Aggravated Sexual Assault in the 1st Degree

53a-70a (a) (4)

Class A felony

In compelling a victim to engage in intercourse, the offender is aided by two or more people and the victim is under 16 years old

20 years

Sexual Assault in the 1st Degree

53a-70 (b)(2)

Class A felony

Compelling a person to engage in intercourse using force and the victim is under 16 years of age

Five years

Aggravated Sexual Assault in the 1st Degree

53a-70a (a)(1)

Class B felony

Using or threatening to use a deadly weapon to coerce someone to engage in intercourse and the victim is over 16 years old

Five years

Aggravated Sexual Assault in the 1st Degree

53a-70a (a) (2)

Class B felony

Intentionally disfiguring the victim seriously and permanently or destroying, amputating, or permanently disabling an organ while compelling someone a person to engage in intercourse and the victim is over 16 years old

Five years

Aggravated Sexual Assault in the 1st Degree

53a-70a (a) (3)

Class B felony

While compelling someone a person to engage in intercourse the offender, under circumstances showing an extreme indifference to human life, recklessly engages in conduct which creates a risk of death to the victim, and thereby causes serious physical injury to the victim and the victim is under 16 years old

Five years

Aggravated Sexual Assault in the 1st Degree

53a-70a (a) (4)

Class B felony

In compelling a victim to engage in intercourse, the offender is aided by two or more people and the victim is under 16 years old

Five years

Sexual Assault in the 1st Degree

53a-70 (a) (1)

Class B felony

Compelling a person to engage in intercourse using force and the victim is over 16 years of age

Two years

Sexual Assault in the 3rd Degree with a Firearm

53a-72b(a)

Class B felony

The offender uses a firearm while committing sexual assault in the 3rd degree and the victim is under 16 years old

Two years

Sexual Assault in the 3rd Degree with a Firearm

53a-72b(a)

Class C felony

The offender uses a firearm while committing sexual assault in the 3rd degree and the victim is over 16 years old

Two years

Sexual Assault in the 2nd Degree

53a-71 (a)(1)

Class B felony

Engaging in intercourse with a person who is between 13- and 16-years old if the offender is more than two years older than the victim

Nine months

Sexual Assault in the 2nd Degree

53a-71 (a)(4)

Class B felony

Engaging in intercourse with a victim who is younger than 18-years old and the offender is the victim's guardian or is otherwise responsible for the victim's general welfare and the victim is under 16 years old

Nine months

Sexual Assault in the 2nd Degree

53a-71 (a)(8)

Class B felony

The offender is a school employee and engages in intercourse with a student and the victim is under 16 years old

Nine months

Sexual Assault in the 2nd Degree

53a-71 (a)(9)

Class B felony

The offender is a coach or instructor and engages in intercourse with a student and the victim is (1) a secondary school student receiving coaching or instruction from the offender or is (2) under 18 years of age and the victim is under 16 years old

Nine months

Sexual Assault in the 2nd Degree

53a-71 (a)(4)

Class C felony

Engaging in intercourse with a victim who is younger than 18-years old and the offender is the victim's guardian or is otherwise responsible for the victim's general welfare

Nine months

Sexual Assault in the 2nd Degree

53a-71 (a)(8)

Class C felony

The offender is a school employee and engages in intercourse with a student and the victim is over 16 years old

Nine months

Sexual Assault in the 2nd Degree

53a-71 (a)(9)

Class C felony

The offender is a coach or instructor and engages in intercourse with a student and the victim is (1) a secondary school student receiving coaching or instruction from the offender or is (2) under 18 years of age under 16 years old and the victim is over 16 years old

Nine months

Table 2: Sexual Assault Offenses Carrying No Mandatory Minimum Sentence

Offense

Statute

Classification

Definition

Sexual Assault in the 4th Degree

53a-73a(a)(1)(A)

Class D felony

The offender submits the victim to sexual contact and the victim is under 15 years old

Sexual Assault in the 4th Degree

53a-73a(a)(1)(D)

Class D felony

The offender submits the victim, who is less than 18 years old, to sexual contact and the offender is the victim's guardian or is otherwise responsible for the victim and the victim is under 16 years old

Sexual Assault in the 4th Degree

53a-73a(a)(7)

Class D felony

The offender subjects the victim to sexual contact and coaches or instructs the victim in an ongoing activity and the victim is under 16 years old

Sexual Assault in the 4th Degree

53a-73a(a)(6)

Class D felony

The offender subjects the victim to sexual contact and is a school employee where the victim is enrolled and the victim is under 16 years old

Sexual Assault in the 4th Degree

53a-73a(a)(8)

Class D felony

The offender subjects the victim to sexual contact and is 20 years old or older and stands in a position of power or authority over the victim by virtue of the offender's professional, legal, or occupational standing, and the victim is under 16 years old

Sexual Assault in the 4th Degree

53a-73a(a)(1)(D)

Class A misdemeanor

The offender submits the victim, who is less than 18 years old, to sexual contact and the offender is the victim's guardian or is otherwise responsible for the victim and the victim is over 16 years old

Sexual Assault in the 4th Degree

53a-73a(a)(6)

Class A misdemeanor

The offender subjects the victim to sexual contact and is a school employee where the victim is enrolled and the victim is over 16 years old

Sexual Assault in the 4th Degree

53a-73a(a)(7)

Class A misdemeanor

The offender subjects the victim to sexual contact and coaches or instructs the victim in an ongoing activity and the victim is over 16 years old

Sexual Assault in the 4th Degree

53a-73a(a)(8)

Class A misdemeanor

The offender subjects the victim to sexual contact and is 20 years old or older and stands in a position of power or authority over the victim by virtue of the offender's professional, legal, or occupational standing, and the victim is under 18 years old but older than 16 years old

Table 3: Crimes and Penalties

Classification

Sentence

Fine

Capital felony

execution or life

Class A felony (murder)

25 to 60 years

up to $20,000

Class A felony

10 to 25 years

up to $20,000

Class B felony

1 to 20 years

up to $15,000

Class C felony

1 to 10 years

up to $10,000

Class D felony

1 to 5 years

up to $5,000

Class A misdemeanor

up to 1 year

up to $2,000

Class B misdemeanor

up to 6 months

up to $1,000

Class C misdemeanor

up to 3 months

up to $500

RO:dw